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R-94-05-26-10F - 5/26/1994RESOLUTION NO. t Q `7 ^O5 0W -- `CF WHEREAS, the City of Round Rock, Texas, is the owner of the public right-of-way on Creek Bend Boulevard between Sam Bass Road and F.M. 3406, and WHEREAS, the R. R. Bent Tree Homeowners Association, Inc. desires to utilize the unpaved portion of the above-described property to construct certain landscape improvements, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a License Agreement with R. R. Bent Tree Homeowners Association, Inc., a copy of which is attached hereto as Exhibit "A". RESOLVED this 26th day of May, 1994. CHARLES CULP City of Round ATTEST: Loy vuo NE LAND, City Secretary KS/RESOLUTION RS05264F , Mayor ck, Texas LICENSE AGREEMENT This Agreement is made this O day of 1994, by and between the City of Round Rock, (here/ after "Licensor"), a Texas home rule municipality, and the R.R. Bent Tree Homeowners Association, Inc., (hereinafter, "Licensee"). Whereas, Licensor is the owner of the real property (hereinafter, "Property") described as the western most right-of- way of Creek Bend Boulevard, within the corporate limits of Round Rock, Texas, between the western edge of the existing sidewalk and the property line of the Bent Tree Subdivision from F.M. 3406 to Sam Bass Road. Whereas, Licensee desires to exercise certain rights and privileges upon public rights-of-way located within the Property; and Whereas, Licensor desires to grant Licensee certain rights and privileges upon public rights-of-way within the Property; and NOW, THEREFORE, it is agreed as follows: License 1. Licensee shall have the right and responsibility to install, construct, operate, maintain, replace, upgrade, and repair landscaping and irrigation systems and signage in and upon public rights-of-way located within the Property. It is understood that this Agreement creates a license only and that Licensee does not and shall not claim at any time any interest or estate of any kind in the public rights-of-way located within the Property by virtue of this license. It is further understood that before the installation of any current or subsequent landscaping or irrigation systems or signage, Licensee shall present a detailed landscaping plan, with associated irrigation, and signage plan to the Directors of Planning and Public Works for review and approval. It is further understood that Licensor has no duty to maintain, operate, replace, upgrade or repair any improvement in or upon the public rights-of-way located within the Property, including the payment of any fees of any kind associated with any improvements. Consideration 2. In consideration for this license, Licensee shall pay Licensor $10.00 and other valuable consideration paid by Licensee CR\license.rr 1. to Licensor. Nonassignable 3. This license is personal to Licensee. It is not assignable, and any attempt to assign this license will terminate the license. Terminable at Will 4. This Agreement is terminable by either party at will by the giving of actual notice to the other party. Upon termination, any improvements to Property will become the property of Licensor and it is agreed that Licensor will not need to reimburse Licensee for any costs expended for said improvements. Indemnity 5. Licensee shall comply with the requirements of all applicable laws, rules and regulations, and shall indemnify and hold harmless Licensor, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with Licensee's exercise of the license under this Agreement. Release 6. Licensee assumes full responsibility for its exercise of the license, and hereby releases, relinquishes and discharges Licensor, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, including death, of person (whether they be third persons, contractor, or employees of either of the parties hereto) and any loss of or damage to property (whether the same be that either of the parties hereto or of third parties) caused by or alleged to be caused, arising out of, or in connection with Licensee's exercise of the license under this Agreement whether or not said claims, demands and causes of action in whole or in part are covered by insurance. Licensee further releases, relinquishes and discharges Licensor, its officers, agents and employees, from all claims, demands and causes of action of every kind and character, for any loss of, or damage to, property placed by Licensee upon the public CR\license.rr 2. rights-of-way described in this $c reement, whether or not the claim or cause of action is the fault of Licensor. Venue 7. This Agreement shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Notice 8. Notice shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. mail to the following addresses: CITY: City of o rnd Rock r ATTN: J t L ES C/ ! L i6/3/96../e___/ 221 East Main Street Round Rock, Texas 78664 COMPANY:R.R.Bent Tree Homeowner's Association, Inc. ATTN: Z©1-tm ,OLT 14AI RjS c/o CEh1Tex ADM E5 214Q NOfYu r'roPRc ELL G. 4 soy ,E iso Ru'Ti/l 1 T£x 4s -7S 7 5 �1 INW,T,WNBSS WHEREOF, this AGREEMENT is executed on this day of U/ (-�- , 1994. CITY O'F ROUND ROCK Charles Culp pp Mayor R.R.Bent Tree Homeowner's Association, Inc. its _..Ec.s..E_maigixtritiMagfio 3. STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared CHARLES CULPEPPER, as Mayor of the City of Round Rock, a Texas Home Rule Municipality, on behalf of said municipality, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. en under my •a d and seal of office on this the p94. JULLI;641.) NOTARY PUBLIC in and for the State of Texas STATE OF TEXAS COUNTY OF 'SP�YPU@SRI CHRISTINE R. MARTINEZ nk Notzry Pub!, Ste of Texas My Commission E:piies08-5-97 ;moa= BEFORE ME, the undersigned, a notary public in and for said cou tY, d s ate, on this day personally appeared .� n nLCt f CA ti'u , as r �4 for R.R.BentTree Homeowner's Association, Inc. on behalf of said corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my Mtiand seal of office on this the day of �(6 , 1994. c' 1 4 0....(0,._ LVOT the PUBLIC OttUD in and for ate of Texas �1 • VIRGINIA M. MORENO 3 } ' Notary Public, State of Texas My Commission Expkss Jan.11,1996 Date: May 24,1994 Subject: City Council Meeting, May 26, 1994 Item: 10.F. Consider a resolution authorizing the Mayor to enter into a license agreement with R.R. Bent Tree Homeowner's Association, Inc. for right of way use of Creek Bend Blvd. between Sam Bass Road and FM 3406 for the purpose of landscape amenities. Staff Resource Person: Joe Vining Recommendation: Approval The attached license agreement permits the homeowners association for the Bent Tree Subdivision to landscape the western right of way of Creek Bend Blvd.